Asylee marries a Permanent Resident

[pedrop]

I recently signed up for this forum that I have been reviewing for the last week. I did not see anyone addressing the following question and would greatly appreciate your help...

I have been an asylee for just over 8 months. If I marry a Permanent Resident and file an I-130, do I normally file both I-485 after being one year with Asylum as well as for the I-485 when the Visa (category 2B) becomes available? Do I file two consecutive I-485?

To be clearer, do I file I-485 though asylum after one year and then I-485 (5 years later) for being married to a Permanent Resident?

The asylum based I-485 is taking over 10 years and through a Permanent resident just over 5 years. Am I better off applying through my spouse?

Also, if I proceed with the I-485 through my spouse is there any issues if I received welfare benefits (food stamps, Match Program, and Medicaid) as an asylee?

I would certainly appreciate your thoughts on both questions....

 

[wantmygcnow]

YOu can apply for as many I-485's as possible if it makes you eligible..Through A PR spouse, as an asylee and even as an employer sponsor..Whichever gets approved first thats the one you will get. I think you will lose the fees because they are non-refundable..

 

[Gilbert]

Each application is independent. You can file for your spousal I-485 only when a visa is available (5-6 years from now).

Your receipt of public benefits could have negative impact on your application (as someone likely to be a burden on the United States and is thus not eligible for a green card).

I recently signed up for this forum that I have been reviewing for the last week. I did not see anyone addressing the following question and would greatly appreciate your help...

I have been an asylee for just over 8 months. If I marry a Permanent Resident and file an I-130, do I normally file both I-485 after being one year with Asylum as well as for the I-485 when the Visa (category 2B) becomes available? Do I file two consecutive I-485?

To be clearer, do I file I-485 though asylum after one year and then I-485 (5 years later) for being married to a Permanent Resident?

The asylum based I-485 is taking over 10 years and through a Permanent resident just over 5 years. Am I better off applying through my spouse?

Also, if I proceed with the I-485 through my spouse is there any issues if I received welfare benefits (food stamps, Match Program, and Medicaid) as an asylee?

I would certainly appreciate your thoughts on both questions....

 

[pedrop]

Each application is independent. You can file for your spousal I-485 only when a visa is available (5-6 years from now).

Your receipt of public benefits could have negative impact on your application (as someone likely to be a burden on the United States and is thus not eligible for a green card).

Thank you both for your reply.

I do not understand why Immigration, on the letter of approval, would state that I am elegible for public benefits for a period not to exceed 8 months and then they would hold me liable for using such alternative.

By the time my interview is reached I will be at least 6 years away from now and hopefully I will have gainful work experience for over 5 years.

Gilbert, do you really think I should be worried about this at the time of interview even if I marry a Permanent Resident?

Thanks,

 

[Gilbert]

Receipt of public benefits will NOT be a problem as long as you are applying AS AN ASYLEE.

But it probably will be an issue if you are applying as a spouse of a permanent resident.

By law an applicant for green card has to prove that he will not be relying on the US welfare system. Asylees are the only few people exempted from this requirement.

Thank you both for your reply.

I do not understand why Immigration, on the letter of approval, would state that I am elegible for public benefits for a period not to exceed 8 months and then they would hold me liable for using such alternative.

By the time my interview is reached I will be at least 6 years away from now and hopefully I will have gainful work experience for over 5 years.

Gilbert, do you really think I should be worried about this at the time of interview even if I marry a Permanent Resident?

Thanks,

 

[pedrop]

Gilbert, Thank you very much for your input. People like you make this site extremely worthwhile.

I do not want to pound on the issue any further, but you say that applying for public benefits could have a negative impact on my I-485 Adjustment of Status with a Relative (spouse) petition.

Isn't that the reason why the Affidavit of Support I-865 exists? Doesn't the sponsor assume liability in case the recipient gets public benefits? I have family members outside my household that would gladly sign an affidavit of support on my behalf.

Wouldn't this be sufficient?

Thanks

 

[Gilbert]

They will take all relevant factors into account in determining if someone is going to be a public charge (and therefore barred from permanent residence). Having an affidavit of support (I-864) signed in your behalf will be helpful.

In the final analysis, if you really need the benefits available to asylees (the ORR assistance, Food Stamps, SSI and so on), go ahead and get them.

Your spouse-based LPR application will not be reviewed for another five years, at the earliest. I would not let this constrain my present options. You will always have the asylee adjustment route open to you as a backup. Plus they probably will change the law eventually to shorten the adjustment wait for asylees.

Gilbert, Thank you very much for your input. People like you make this site extremely worthwhile.

I do not want to pound on the issue any further, but you say that applying for public benefits could have a negative impact on my I-485 Adjustment of Status with a Relative (spouse) petition.

Isn't that the reason why the Affidavit of Support I-865 exists? Doesn't the sponsor assume liability in case the recipient gets public benefits? I have family members outside my household that would gladly sign an affidavit of support on my behalf.

Wouldn't this be sufficient?

Thanks